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HomeMy WebLinkAboutR-87-0904a J-87-875 9/18/87 RESOLUTION NO. 87-r-K,4 A RESOLUTION RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGERS ACCEPTANCE OF A GRANT FROM THE STATE OF FLORIDA, DEPARTMENT OF VETERAN AND COMMUNITY AFFAIRS, IN THE AMOUNT OF $20,000 TO CONDUCT A CHILD DAY CARE PROGRAM; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY CONTRACT(S) AND AGREEMENTS(S) TO IMPLEMENT THE PROGRAM SUBJECT TO CITY CODE PROVISIONS. WHEREAS, the Florida Department of Veteran and Community Affairs offered the City of Miami a $20,000 grant to conduct a child day care program during the fiscal year 1987-88; and WHEREAS, the City Manager accepted said grant by signing an agreement with the State of Florida; and WHEREAS, the fiscal year 1988 appropriation to the Department of Parks and Recreation's Child Day Care Division in the amount of $660,272 was made with the anticipation of receiving said financial support from the State of Florida; and WHEREAS, the City anticipates receiving sufficient funds from child day care fees to provide the required dollar -for - dollar match for this grant; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager's acceptance of a grant from the State of Florida, Department of Veteran and Community Affairs, in the amount of $20,000 to conduct a Child Day Care program is hereby ratified, approved and confirmed. CITY COMMISSION JAEETING OF OCT 22 111987 14 *1 V I -90 -I Section 2. The City Manager is hereby further authorized to execute the necessary contract(s) and agreement(s) to implement the program, subject to City Code provisions. PASSED AND ADOPTED this 22nd day of CQetober ,e 187. VIER L. SUARE2, MAYOR ATTE KATTY HIRAI, CITY CLERK 91JUDGETARY REVIEW AND APPROVAL: ,b MANOHAR SU MANAGEMENT CTOR T DEPT. FINANCIAL REVIEW AND APPROVAL: CARLOS A, DIRECTOR DEPARTMENT OF FINANCE PREPARED AND APPROVED BY: • ROBERT F. CLARK CHIEF DEPUTY CITY ATTORNEY APPROVE AS TO FORM AND CORRECTNESS: L IA A. DOUGH TY, CITY ATTORNEY 8 77-904 -2- ti City OF MlAMl, f=1.ORIbA INTER -OFFICE MEMORANDUM TO. The Honorable Mayor Members of the City 0 Cesar H. Odi FROW City Manager Recommendation: con mtission OAS OCT 1 31987 VILE: suQJEct Resolution Ratifying the Action of the City Manager in Accepting a Grant Award M REFERENCES for Day Care ENCLOSURES: It is respectfully recommended that the City Commission adopt the attached resolution ratifying the action of the City Manager in accepting a grant award for the City Day Care Program in the amount of $20,000 from the State of Florida, Department of Veterans and Community Affairs. Mc_kvround: The Department of Parks, Recreation and Public Facilities has prepared the attached legislation concerning the Veterans and Community Affairs Grant to the Day Care Program. The City of Miami Child Day Care Program is funded from the City's General Fund, from participant child care fees, from the United States Department of Agriculture, Title XX of the Social Services Act, and the State of Florida Department of Veterans and Community Affairs. The City will provide a cash match, utilizing Day Care fees, in the amount of $20,000 fora total grant of $40,000. The intent of this grant is to provide funds to communities for programs for which there is demonstrated need and which are specifically designed to strengthen and improve the development of existing human services programs. City Day Care centers will provide quality child care services for low-income children aged 6 weeks to 5 years, enabling their parents to work outside the home. Total program services will be provided for 212 infants, toddlers and pre-schoolers. Since the term of the grant runs from Oct. 1, 1987 to Sept. 30, 1988, the award has been accepted, subject to this ratification by the Mayor and Commission. rc,Y y r 1987-88 88ST-17-11-23-02-033 Contract No. To Be Assigned By Department COMMUNITY SERVICES TRUST FUND (CSTF) AWARD AGRELMENT THIS AGREEMENT is entered by and between the State of Florida Department of Community Affairs (hereinafter referred to as the Department), with headquarters in Tallahassee, Florida and (hereinafter referred to as the Grantee). THIS AGREEMENTRONTRACT IS ENTERED BASED ON THE FOLLOWING FACTS: The Department, in furtherance of its duties under Sections 409.501 through 409.506, Florida Statutes, has determined that the Grantee has applied and qualifies for a grant under the Florida Financial Assistance for Community Services Act. NOW, THEREFORE, the Department and the Grantee do mutually agree as follows: (1) SCOPE OF WORR The Grantee shall furnish the necessary personnel, materials, services and facilities (except as otherwise provided herein), and shall otherwise do all things necessary for or incident to the performance of work as set forth in the Grantee's Community Services Trust Fund Application, attached hereto and incorporated by this reference as Attachment A. (2) INCORPORATION OF LAWS, RULES: AND REGULATIONS Both the Grantee and the Department shall be governed by applicable laws and rules, including but not limited to:. Sections.409.501 through 409.506, Florida Statutes, and Rule 9C-2, Florida -Administrative Code. (3) FUNDING . (a) The Department agrees to pay the Grantee for costs incurred in compliance with this Agreement up to the total sum of $ 20,000.00 for the twelve month period beginning October 1, 1987 and ending September 30, 1988. (b) The Grantee shall match the CSTF funds identified in Clause (3)(a) by an amount of at least one hundred percent (IOOZ) of the funds received. Not less than fifty percent (SOX) of the required match shall be in cash. In -kind match sources may absorb the balance of the overall one hundred percent (100Z) match requirement. (c) The Grantee shall provide as matching funds for services under this Agreement the following amounts: $ 20,002.00 CASH = 0 Ilt-1CIHD (d) Sources of matching funds and expenditures for all funds under this Agreement shall be governed by the CSTF Application is Attachment A of this Agreement. No federal funds, except federal revenue sharing funds, may be used in part or in whole to most the match requirements. (a) Contingent upon Grantee's performance of services and submission of timely reports required by Rule 9C-2, Florida Administrative Code, said funds will be paid by the Department in quarterly amounts, provided the Grantee has no delinquent CSTF audits or reports outstanding from prior years and has complied in full with Articles 7 and 9 under this Agreement. for purposes of this Agreement, the quarters will begin on October 1, January 10 April 1, and July 1. 87-904" . ! of ti (f) Compensation is further contingent upon availability of funds from the Community Services Trust Fund created by Section 409.504, F.S. (9) Provision of funding under this Agreement shall not be construed as a guarantee of future or subsequent funding to the Grantee under CSTF or any other program administered by the Department. (h) Not sore than fifteen percent (15%) of the total of state and required local matching funds shall be used for administrative salaries or other administrative costs. (i) Any CSTF monies expended in violation of this agreement shall be refunded in full by the Grantee to the Department, or if this agreement is still in force, shall be withheld by the Department from any subsequent payment. (4) PROGRAM INCOME (a) Grantee may apply program income to meet matching requirements or may reprogram it for eligible program activities. (b) Program income will be accounted for in the close-out information provided to the Department. (5) PROCUREMENT STANDARDS Grantee shall comply with relevant state and local laws applicable to the procuremut of supplies. equipment, construction, and services and shall ensure that delegate agencies comply with such requirements. (6) PROPERTY MANAGEMENT STANDARDS Grantee shall comply with property management standards for non - expendable property equivalent, at a minimums to relevant state and local laws applicable to the management of property. (7) AUDIT (a) The Grantee is required to submit an audit of agreement compliance no later than December 31. 1988. unless the Grantee opts to submit an annual financial audit of the local government'as required under Section 11.45(3)(a), Florida Statutes. The contract number of this grant shall be identied within the audit submitted. A local government audit is due no later than seven months following the completion of the local government fiscal year. Audits may be submitted under one of the following options: 1. Any Grantee may submit an audit of the CSTF grant signed by an Independent certified public accountant or by a county. city or state auditor. The audit will be submitted on forms provided by the Department or on equivalent form provided by the Grantee or auditor. Such audits are due by December 31, 1988. 2. Total Grant Budget of $10,000 or less. The Department will accept an audit signed by the Grant —eels Chief Financial officer on forms provided by the Department or on equivalent forms provided by the Grantee. Such audits are due by December 31. 1988. 3. Total Grant Budget of $10` or more. The Grantee may submit a local gaverasxat financial audit with the contract number for this grant Identified within the audit submitted. In selecting this option, the Grantee agrees to submit such as audit no later than seven months after the and of the local government fiscal year, in complement to the requirements of Section 11.45(3)(a), Florida Statutes. If the Grantee plans to submit such an audit. a copy of the local government single audit will be provided to the Department by: (specify month/day/year) no later than seven months after the end of the local fiscal year. (b) The Department may undertake such further and additional audits as determined necessary or appropriate, including but not limited to past and current program -wide audits, in order to determine the adequacy, accuracy+ and reliability of the Grantee's internal controls,, fiscal data, and management systems established to safeguard the Grantee's assets and insure compliance with the requirements of this Agreement established by the Department and other funding sources. (c) If an Agreement is closed -out without an audit, the Department reserves the right to disallow and recover any disallowed costs identified in an audit completed after such close-out. (8) RRCORDIMPING (a) Grantee shall maintain all records and supporting documents pertinent to this Agreement and such records shall be retained by the Grantee for three (3) years following receipt by the Department of the Grantee's final Financial Status Report. with the following exception: if any litigation, claim or audit is started before the expiration of the three year period and extends beyond the three year period, the records will be maintained until all litigation, claims or audit findings involving the records have been resolved. (b) All records shall be sufficient to determine compliance with the requirements and objectives of this Agreement, the CSTF Program, and all other applicable laws and regulations. The Grantee is responsible for maintaining and storing all records pertinent to this Agreement in an orderly fashion in a readily accessible* permanent, and secured location. (c) The Grantee shall allow access to its records at reasonable times to the Department, its employees and agents. "Reasonable" shall be _ construed according to the circumstances but ordinarily shall mean'8:00 a.m to 5:00 p.m. on Monday through Friday. (9) PERFORMANCE REPORTS_ (a) For the first three quarters of the Agreement. the Grantee shall provide the Department with a quarterly Financial Status Report within twenty-one 21 calendar days after ;he end of each quarter. These reports shall be submitted on forms provided by the Department, signed by the Grantee's Chief Financial Officer or thi Grantee's designee. If a delegate agency representative is the designee, any reports provided to the Department must be simultaneously submitted to the Grantee. A signature delegation form (Attachment 8) must be completed as a part of this agreement for any such designee. Quarters run October I to December 31, January 1 to March 31, April I to June 30 and July 1 to September 30. The final Financial Status Report will be submitted as part of the Final Grant Close -Lout Report due 45 days after the and of this Agreement. (b) For the first three quarters of the Agreement, the Grantee shall provide the Department with quarterly Program Activity Reports within twenty-one 21) calendar days after the and of each quarter. Thesereports shall be submitted form arms provided by the Department. Quarters are the sane as listed in Section (a). The Final Program Report will be submitted an part of the Final Grant Close -Out Report due 45 days after the end of this Agreement. (c) Reports not received by the date due shall be considered delinquent, and may be considered by the Department as sufficient cause to suspend CSTF payments. (d) Upon reasonable notice. the Grantee shall provide such additional program reports or information as required by the Departsent. (e) The Grantee shall provide a Final Grant Close -Out Report due fort► -five 45) calendar days after the termination of this agreement. This Close -Out Report Will consist of a Sumary Page. a Final Financial Statue Report aad a Final Program Activity Report. Any non -accrued expenses or residual funds remaining at the termination of this Agreement shall revert to the Department as part of the Close-out Procedures and shall be due and payable no later than December 31. 1980. Failure to comply with this proviaion any jeopardize -future agreements and/or payments due from the 1 e r f? e7-soa y Department. The third and fourth payments on existing CSTF agreements will automatically be withheld if an audit or refund check is not received by the December 31 deadline. (f) The Grantee shall make the Final Contract Close -Out Report available to citizens, upon request, and at no charge, and shall make public notice of the report and its availability at the time it is submitted to the Department. (10) MONITORING. EVALUATION, AND TECHNICAL ASSISTANCE (a) The Grantee shall constantly monitor its performance under this Agreement to ensure that time schedules are being met, projected program activities are being accomplished within specified time periods, and other performance goals are being achieved. This review shall be made for each program, function, or activity set forth in Attachment A. (b) The Department shall perform monitoring and evaluation activities within limitations of staff time and budget, as may be necessary to assure Grantee fiscal and program compliance and progress. Training and technical assistance shall be provided by the Department, within limits of staff time and budget, upon written request from the Grantee and/or upon a determination by the Department of Grantee need. (c) The Grantee shall allow the Department to carry out monitoring, evaluation, and technical assistance and shall assure the cooperation of its employees, and of any Delegates with which the Grantee contracts to carry out CSTF program activities. (11) DELEGATE AGENCIES (a) Grantee may delegate to other agencies responsibility for.the - _ performance of activities and services under this Agreement. Such -delegates shall be identified in Attachment A. (b) Delegates undertaking.or carrying out CST? activities under this Agreement shall do so in conformance with the terms and conditions of this Agreement; CSTF Rule 9C-2, F.A.C., and all applicable State laws, rules, regulations. and guidelines. . (c) Delegation under this clause shall in no way relieve the Grantee receiving funds under this Agreement of its responsibilities to assure that Its CSTF program is administered in accordance with all State requirements. (d) The Grantee shall be responsible for the program and fiscal performance of its delegates and shall monitor their activities accordingly. In the event of a delegates non-compliance with the program or fiscal activities under this Agreement, or any other term of this Agreement, the Grantee agrees to reimburse to the Department any and all grant funds misused by the Grantee or its delegates. (12) LIABILITY The Grantee shall be solely responsible to parties with whom it shall deal in carrying out the terms of this Agreement and shall hold the Department harmless against all claims of whatever nature by third parties arising out of the performance of work under this Agreement. (13) PERIOD OF AGREEMENT This Agreement shall begin on October 1. 1987 and shall end on September 30. 1988. unless terminated earlier in accordance with the provisions of Clause (14). (14) SUSPENSION OR TERMINATION OF FUNDS (a) The Department reserves the right to withhold or suspend payments to the Grantee when the reports required in Clause (9) of this Agreement are delinquent, or when the Grantee fails to comply with the terms and conditions of this Agreement. 4 of 6 a%` 904- 5 (b) The Department may terminate this Agreement for cause upon such written notice as is reasonable under the circumstances. Cause shall include, but not be limited to: misuse of funds; fraud; non-compliance with applicable rules, laws, and regulations; or failure to perform the program or fiscal activities under this Agreement. (c) projects funded, in whole or in part, by these funds shall be administered without regard to race, color, creed, sex, age or national origin. It is expressly understood that the Department shall have the right to terminate this Agreement for breach upon receipt of substantial evidence of discriminatory practices by the Grantee. (d) Suspension or termination is an appealable action under Chapter 120, Florida Statutes. Written notification of suspension or termination shall include notice of appeal rights and time frames. (e) The.Department reserves the right to exercise corrective remedial actions including, but not limited to: requesting additional information from the Grantee to determine the reasons for, or extent of non-compliance or lack of performance; issuing a written warning advising that suspension or termination may be initiated if the situation is not remedied; advising the Grantee to suspend, discontinue or not incur costs on activities in question; or requiring the Grantee to reimburse the Department for the amount of costs incurred for any items or activities determined ineligible or disallowed. (15) MODIFICATIONS (a) As provided in Rule 9C-2, the Department or the Grantee may request modifications to this Agreement. Changes in the approved work plan may be made by a Grantee only after formal modification to the contract is approved In writing by the Department. (b) All requests for budget modifications in excess of ten percent of the line item or the total budget must be submitted to the Department for approval thirty (30) days prior to the anticipated implementation date and should include a description of the proposed changes and their effect upon the approved work plan. Failure to meet this time frame may result in funding delays. . (c) Changes within individual budget line items may be made at the discretion of the Grantee, without Department approval, if the cumulative effect of such changes does not exceed ten percent (102) of the line item total, and if the cumulative effect of the number of such changes does not exceed ten percent of the total approved grant amount, provided that: (1) Only unobligated funds can be transferred from one item to another Item within one budget line; (2) The Grantee notifies the Department in writing prior to affecting a budget change within the limitations set forth in this Section (b) and in CSTF Rule 9C-2; and (3) Budget changes do not result in overexpenditure of the total approved grant amount or expenditures in excess of the administrative expense limits. (d) All sucb modifications, which are mutually acceptable to the parties, will be incorporated in writing as amendments to this Agreement. 5 of 6 87-904 6 (16) SPECIAL COWNTIOHS (a) The Grantee and its delegate(s) shall comply with the following special conditions: None (b) Failure of the Grantee or its delegate(s) to comply with the special conditions under this Agreement shall be cause for the Immediate suspension of paymients. and any be cause for the immediate termination of this Agreement. THIS AGREEMW AND ITS ATTACHMENTS EMBODY THE ENTIRE AGREEMENT OF THE PARTIES. IN WITNESS WREREOF. THE PARTIES HERETO RAVE DULY EXECUTED THIS AGREEMENT. By: (Signature) Cesar H. Odio City ManaSer (Type Mesa Name and Title) S9-6000375 Federal Identification Number STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS BY: Signature DATE: Earl H. Parmer, Director Divisors of Housing and Community Development I�OR THE GRARTSE: STATE OF FLORIAA, COUNTY OF Dade t hereby certify that on this day, before ma, -a Notary Public, City Clerk or Clerk of the Court, authorized in the state and county named above to tacos acknovledgementm, psrsonally'appeared Cesar H. Odio to me known to be the person described as City Manager Title j of Ci of Miami who executed the i Name of Grantee foregoing Agreement, and he/she acknowledged before me that he/she executed It in the naw of and for City of Mivai , (Name of Grantee) affixing its seal. and that he/she was duly authorized by that governing body of the City of Miami to do so. Name of Grantee iiI11fE4S my hand and official seal in the county and state named above this day of . 19 Official Seal: —'— — Notary Public City Clerk Clerk of the Court My Comsiesion Expirest 4W ek A'- ZINT B ti 88ST-17-11-23-02-033 Contract No, to be assigned by Department FLORIDA DEPARTMENT OF COHMUNITY AFFAIRS CQWMTY SERVICES TRUST FUND SIGNATURE AUTHORIZATION FORM - FY 1987-88 City of Miami GW= NAME AS SIGNIFIED BY THE GRANTEE ON THE ORIGINAL AGREFZU'NT (CONTRACT) PAGE 6 OF 6 SIGNATURE Cesar H. Odio NAME City Manager TITLE The signature of the person(s) shown below are designated and authorised to sign fiscal reports on behalf of the contract listed above. Carlos Garcia NAM SIGNATURE Director of Finance TITLE Gary Houck NAME Assistant Director of Finance TLE APPROVED AS TO FORM AND CORRECTNESS: LUCIA A. DOUGHERTY, CITY ATTORNEY SIGNATURE